Disposed

Shaik Fareed alias Bharkath v. The State Of Telangana

Telangana HC11 Mar 2025CRLP/3448/2025

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS seeking quashment of charge sheet; petitioner instead sought dispensation of his personal appearance in trial. Court dispensed with presence subject to representation through counsel and appearance when directed, and disposed of the petition.

What did the court decide?

Personal appearance of petitioner/accused No.1 dispensed with before trial court, subject to appearance through counsel and as directed; charge sheet not quashed.

Shaik Fareed alias Bharkath Vs The State Of Telangana — Quashing and FIR | Telangana HC (2025)

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13217 |

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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TUESDAY, THE ELEVENTH DAY OF MARCH TWO IHOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION NO: 3448 OF 2025

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Between:

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Shaik Fareed alias Bharkath, S/o Yakub,^{Aged 33 years,Occ. Business, R/o} NGOS Colony, Hanamkonda, Warangal District, Telangana.

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...petitioner/Accused No.1

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AND

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The State of Telangana, Rep., by the Station^{House Officer, MatewadaPolice} Station, Warangal, through the Public Prosecutor,^{High Courtof Telangana,} Hyderabad.

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...Respondents/R^-1 /Complainant

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Mr. Syed Rabbani, S/o Chand Pasha, H.No.'134-49,^{Mob. ltlatewada,} Warangal, T.G.

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..Respondent is Defacto complainant

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Petition under Section 528 of BNSS^praying that^{in the circumstances} stated in the Memorandum of Grounds of^{Criminal Petition,the High Court may be} pleased to quash the Charge Sheet in C.C.No.1653 of 2024 in Crime No. 250 of 2023 on the file of lll Additional Junior Civil Judge^{Cum lll Additional Judicial} Magistrate of First Class at Warangal in respect^{of offenceundersection 420} '506 & 34 of the lndian Penal Code¹ 860 in the interest^{of justiceand equity.}

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This Petition coming on for hearing,^{uponperusingthe Memorandumof} Grounds of Criminal Petition and upon^{hearing the argumentsof Ms. Grace} Sheeba Rani, Advocate for the Petitioner^{and Sri JithenderRaoVeeramalla,} Additional Public Prosecutor and none appeared^{for the RespondentNo.2.}

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N. TUKARAMJI (lRIM PETITION No. 34480F2o2s

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ORD ER:

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This Criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking quashment of charge sheet against petitioner/accused No.t in C.C.No. 1653 of 2024, pending on the file of the learned III Additional Junior Civil Judge_cum_tll Additional "the Judicial trial Magistrate of Court,,). First Class, at Warangal (r". "nr;,

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Heard Mr.Grace ghsgls Rani, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, Iearned Additional pu blic prosecutor appearing for respondent No.1.

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The petitioner is accused No. 1 in C.C.No. 1653 of 2024 facing accusations under Sections 420, 5O2 r/w 34 of I.P.C.

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Learned counsel for the petitioner submits that though the petitioner is ready to defend himself in the trial, the insistence by the trial Court for his personai appearance on every adjournment is causing se/ere

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hardship in pursuing his^{occupation,as such, prayed for} dispensing his presence in the^{proceedingswould remedy} his hardship, however undertakes for^{personal appearance} before the trial Court as and^when directed.^Hence,prayed for necessarSr orders.

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Learned Additional Public Prosecutor^reported no specific objection.

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I have considered the submissions of learned^counsel and perused the materials on record.

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Having considered the pleaded adversity,^the personal presence of the petitioner is dispensed with in^the proceedings before the trial Court in C.C.No.16 53 of²⁰²⁴ subject to the petitioner's appearance through^{his counsel} on. all the dates of adjournment and^hispersonal appearance as and when directed by the^{trial Court. It is} made clear that any deviation would^{renderthis order} ineffective.

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B. With the above direction, the Criminal^Petitionis disposed of.

I j

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As a sequel, miscellaneous petitions, pending if ary,

shall stald closed.

Sd/. N. SRIHARI

ASSISTANT^REGISTRAR

I \

//TRUE^COPY//

SECTION^OFFICER

To,

'1 . The lll Additional Judicial Magistrate^{of First Class at Warangal} i. in" li"t,""^{House officer, MltwadaPoliceStationWarangal} 5. i*"^{CCt t" the Public Prosecutor,High Court for the Stateof Telanganaat} 4:. ) 4 Hyderabad o;; rc i;r;s.^{(OUT)Giace Sheeba Rani' Advocate [OPUC]} 5. Two CD^CoPies

ADK/PSL

t3-.

HIGH COURT

DATED:1110312025

.. , ORDER

CRLP.No.3448 of 2025

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DISPOSING OF THE CRLP

Shaik Fareed alias Bharkath v. The State Of Telangana

Case brief

What is this about?

What did the court decide?

Shaik Fareed alias Bharkath v. The State Of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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